CHR constructively ABOLISHED thru budget; Congress cannot abolish CONSTI. body

As previously discussed in our post, "1,000-peso CHR budget may be UNCONSTITUTIONAL; Separation of powers," the act of Congress reducing the budget of the Commission on Human Rights (CHR) to only one thousand pesos (1000 pesos) may be struct down as unconstitutional because of a perceived attempt to cripple the Commission and render it useless, thereby disallowing it to do its functions under the 1987 Constitution.

CNN Philippines reports Senator Franklin Drilon saying, "The Senate, I would like to think, will not stand for the abolition of the CHR, through giving it a P1,000 budget. If the House will insist on that, then there will be a deadlock for 2018 general appropriations act." (Photo by CNN Philippines)

It is worth to note that Congress cannot abolish a constitutional creation since rivers cannot overflow oceans. A mere creature of the Constitution cannot abolish another creature of said great document. Only statutory creations can be abolished through laws.

In the case at bar, the act of Congress in effectively rendering CHR incapable of functioning as a constitutional body is an act of constructive abolition, which cannot be done. If this were done to the Supreme Court or to the Commission on Elections, the perceived unconstitutionality would be obvious. In this case, the same verdict should be made: lowering a constitutional body's budget to such extent as to clip its wings is an abolition, albeit constructive. This may be declared by the Supreme Court as unconstitutional in an appropriate proceeding.
Quoted below is the part of the Constitution creating the Commission.

HUMAN RIGHTS (ARTICLE XIII)

Section 17.

1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly released.

Section 18. The Commission on Human Rights shall have the following powers and functions:

1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.

Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.